Eye Witness Testimony Isn’t Always Helpful

Cyclist Jim Dodson LawWe had a cycling case in Central Florida in which the driver, traveling southbound, made a left turn on a continuous green signal. Unfortunately, she turned directly into the path of our client who was riding a bicycle northbound in the bike lane. As our client, having the right of way, entered the intersection the SUV suddenly turned into his path causing him to crash into the rear passenger side of the SUV.

How the crash occurred seemed pretty obvious, that is until a well meaning “eyewitness” told the officer they had witnessed the crash and  described the cyclist as traveling south in the northbound lane (the opposite direction the cyclist described). The driver “never saw” the cyclist...what virtually every driver says after a crash with a bicycle. She could not say what direction he was riding.

We had several ways to show the witness was simply mistaken, including the injury pattern on the cyclist and the damage to the SUV. Nonetheless, the claims adjuster seized on what the “eyewitness” had said and disputed the crash had been totally the fault of their insured. In other words, a well-meaning, but mistaken, “eyewitness” can cause unexpected issues even in an otherwise clear liability crash. 

Have You Been Injured In A Bicycle Accident?

If you've been hurt in a Florida bicycle accident you should speak with an experienced bicycle injury lawyer as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free, no obligation consultation.

Jim Dodson
Connect with me
A Florida injury lawyer, family man and avid cyclist who clients have trusted for over 25 years.
Be the first to comment!
Post a Comment